Ravi Das @ Dilip Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68113 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Ravi Das @ Dilip Das son of Kiran Das, Resident of Village- Bararipur, P.S. Nathnagar, District- Bhagalpur.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 419 and 420/34 of the Indian Penal Code registered in connection with Nathnagar P.S. Case No. 288 of 2018.
3. It is submitted that the petitioner has been falsely implicated merely because he happens to be an agent of the defaulting company which did not repay the amount deposited by the informant upon maturity of period of deposit. The petitioner was employed in the company on the fixed salary and he has no other interest therein. The petitioner has duly issued a receipt on behalf of the company in respect of deposit which shows that money has been received by the company. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with
Patna High Court Cr.Misc. No.68113 of 2018(4) dt.19-02-2019 2/2 Nathnagar P.S. Case No. 288 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T